Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.223.25.88

Summary

The United States District Court for the Eastern District of California grants Strike 3 Holdings, LLC’s ex parte application to serve a third-party subpoena before the Rule 26(f) conference. The order authorizes limited expedited discovery from the internet service provider to obtain only the name and address associated with the specified IP address, subject to privacy protections and restrictions on service and disclosure. The court also establishes procedures for notice, a possible informal conference, and a status report.

Holdings

1. Good cause existed to permit limited expedited discovery because plaintiff presented a prima facie copyright claim, narrowly identified the information sought, lacked an alternative means to identify the defendant, and could not proceed without the information.
2. Plaintiff could serve the ISP with a subpoena seeking only the true name and address of the person or entity to whom IP address 73.223.25.88 was assigned.
3. The subpoena and subsequent proceedings required privacy and procedural safeguards, including notice to the identified person, an opportunity to move to quash, no formal service absent further court order, confidentiality of the identity, and an opportunity for an informal conference.

Questions Presented

1. Whether good cause existed to permit expedited discovery before the Rule 26(f) conference.
2. Whether plaintiff could serve a third-party subpoena on the ISP to obtain the true name and address associated with the subject IP address.
3. What privacy and procedural safeguards were necessary before permitting the subpoena and disclosure of the potential defendant's identity.

Disposition

other